In Roman law, the term “reus stipulandi” is used to describe the person who asks questions in a stipulation. A stipulation is a formal contract where a promisor becomes legally obligated through oral question and answer. The individual asking the questions in this contract is referred to as the stipulator or reus stipulandi. Stipulations are always documented in writing and are enforceable without the need for consideration. In contemporary law, a stipulation refers to a significant condition or requirement in an agreement, typically found in the “Representations and Warranties” section of a contract.
In Roman law, the term “Reus stipulandi” refers to the party who asks questions in a formal contract known as a stipulation. This type of contract involves a promisor becoming bound by oral question and answer. The questioner in this contract is called the stipulator or reus stipulandi.
Modern examples of stipulations include agreements between two parties regarding specific conditions or requirements in a contract, such as a certain amount of money being paid by a specific date. Attorneys representing opposing parties in a legal proceeding may also enter into a stipulation on a relevant point, such as the issue of liability.
Stipulations are material conditions or requirements in an agreement and are a voluntary agreement between opposing parties. In legal proceedings, a stipulation made by a party or their attorney is binding without consideration. The reus stipulandi or stipulator is the party who asks the questions in a stipulation, while the promisor or reus promittendi is the party who answers the questions and becomes bound by the contract.
Reus Stipulandi is a Latin term that refers to the party who makes a stipulation or promise in a contract.
Any individual or legal entity who enters into a contract and makes a promise or stipulation can be considered as Reus Stipulandi.
Reus Stipulandi plays a crucial role in a contract as they are the party who makes the promise or stipulation, thereby creating obligations and rights for themselves and the other party involved.
Yes, if Reus Stipulandi fails to fulfill their promise or stipulation as agreed upon in the contract, they can be held legally responsible for breaching the contract.
In general, once a contract is formed, Reus Stipulandi cannot unilaterally modify or cancel their promise or stipulation without the consent of the other party. Any modifications or cancellations would require mutual agreement or follow the procedures outlined in the contract.
If Reus Stipulandi dies or becomes incapacitated, their obligations and rights under the contract may be transferred to their legal representative or successor, depending on the applicable laws and provisions in the contract.
In some cases, Reus Stipulandi may be allowed to assign their obligations to another party with the consent of the other party involved. However, this would depend on the terms and conditions specified in the contract.
Yes, if Reus Stipulandi’s failure to fulfill their promise or stipulation results in damages to the other party, they can be held liable for such damages as specified in the contract or as determined by applicable laws.
Reus Stipulandi may be released from their obligations under certain circumstances, such as through mutual agreement, fulfillment of the contract, or if the contract becomes impossible to perform due to unforeseen events or force majeure.
The other party may seek remedies such as specific performance (forcing Reus Stipulandi to fulfill their promise), monetary damages, or in some cases, termination of the contract. The available remedies would depend on the specific terms and conditions outlined in the contract and applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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